Free Memorandum in Opposition to Motion - District Court of Connecticut - Connecticut

Case 3:03-cv—00544-WWE Document 55-2 Filed 06/21/2005 Page1 0f2 I
UNITED STATES DISTRICT COURT {
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DISTRICT OF CONNECTICUT I
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COREY T. BROOKS CASE NO. 3:O3CVO0544 (WWE) (HB1?)
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LARRY MYERS EY. AL.,
PLAINTIFF'S STATEM NT OF DISPUTED FACTUAL ISSUES
DEFENDANTS HAVE MOVED FOR SUM ARY JUDGMENT ON THE PLAINTIFF'S CLAIM CONCERNIG THE .
USE OF EXCESSIVE FORCE. PURSUANT TO LOCAL RULE 56 OF THE FED: R. CIV. P. THE PLAINTIFF !
SUBMITTS THE FOLLOWING LIST OF GENUINE ISSUES OF MATERIAL FACT THAT REQUIRE THE DENIAL E
OF THE DEFENDANTS' MOTION.
1. WHETHER THE DEFENDANTS HAD CONTROL OR NOT OF THE SITUATION ONCE BOTH PLAINTIFF
AND INMATE ROBINSON WERE HANDCUFFED BEHIND THE BACK.
2. WHETHER INMATE ROBINSON WAS OUT OF CONTROL AFTER HE WAS HANDCUFFED BEHIND HIS BACK. 5
3. WHETHER IT WAS NECCESSARY TO LEAVE PLAINTIFF IN CONTAMINATED CELL HANDCUFFED WHILE I
HE COULD NOT BARELY BREATHE FOR 15 TO 20 MINUTES.
4. WHETHER THE PLAINTIFF OR INMATE ROBINSON OFFERED ANY RESISTANCE OR DISOBEDIENCE
WHILE HANDCUFFED, TO THOSE DEFENDANTS BEFORE THEY OPENED HIS CELL DOOR.
.5. WHETHER DEFENDANTS KNEW PLAINTIFF WAS HAVING TROUBLE BREATHING WHILE CUFFED UP
IN CONTAMINATED CELL, AND JUST DISREGARDED HIS CONDITION.
6. WHETHER OR NOT DEFENDANTS LEFT PLAINTIFF IN CONTAMINATED CELL HANDCUFFED FOR 15
T0 20 MINUTES, APPLIED ON A GOOD—FAITH EFFORT TO MAINTAIN OR RESTORE DISCIPLINE OR
MALICIOUSLY AND SADISTICALLY TO CAUSE HARM. Q
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7. WHETHER DEFENDANTS VIOLATED NORTHERN CORR. INST. RULES AND OR POLICIES. BY NOT
REMDVING PLAINTIFF IM EDIATLY FROM CONTAMINATED CELL AS THEIR POLICIES SAY SHOULD
BE DONE.
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COREY T. BR00Rs #237651 I
CHESHIRE CORR. INST.
900 HIGHLAND AVE
CHESHIR%S CT 06410
DATE=Gu•vR· Mi 9005 T
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. . Case 3:03-cv—00544-WWE Document 55-2 Filed 06/21/2005 Page 2 of 2 A
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CERTIFICATION \
I HEREBY CERTIFY THAT A COPY OF THE FOREGOING WAS MAILED THIS DAY OF JUNE TO:
ASSISTANT ATTORNEY GENERAL A
ANN E. LYNCH
110 SHERMAN STREET .
HARTFORD, CONNECTICUT Ob } 0 S/
BY: COREY T. BROOKS
P Pro se gtiga t `
900 G A
CHESHIRE, CT 06410 1
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